The VBA Legislative Blawg is the law-related blog of Bob Paolini our government relations guru at the VBA. Bob will keep you apprised of the happenings in the Legislature and keep members up-to-date with pressing legal issues affecting the practice of law in Vermont

Monday, May 18, 2015

It’s been two weeks plus since I posted to this blog; but
there’s a reason for that. Let me explain. At the end of the session, especially
after conference committees begin working on resolving differences between the
two chambers, lots happens in the background. More than other times during the
session, conversations happen outside of the committee room and off the record.
Things move quickly and change often, too often actually. It’s hard to say
where things are at any point in time. It’s best to do our work quietly and in
one on one or in small group conversations.

The legislature adjourned as you know about 11PM Saturday.
The funding for the judiciary held at $43,945,757 (H.490) even though the revenue bill deleted
the $10 IFP fee. The legislature passed H.489 which includes increased fees
mostly in probate cases to support the judiciary. The only change from the
earlier senate passed version was the elimination of the $10 fee to apply for
"in forma pauperis".My concern was that the predicted $35,000 that fee was to
raise would be subtracted; didn’t happen.

As we’ve reported before, Dan and I reached out to his
Representative Mary Hooper. We spoke to
her on numerous occasions. She became a true advocate for the judiciary. After
the roll call vote last night on the budget Mary explained her vote as follows:

Vermonters’ access to justice is protected in this budget.
The Judiciary is receiving a $2 million increase which will ensure – unlike 6
years ago – our courts will be open every day.”

Also, the chair of the Senate Appropriations Committee
addressed the same issue on the floor of the senate during its passage of the
budget. She said that senators had heard from many members of the bar who
raised concerns about access to justice and that spurred the committee to look
for ways to fully fund the courts. In addition, Vermont Legal Aid had a cut
from the house passed bill restored in the senate.

The conference report contains some policy language about
the courts. It can be read on pages 2488-2492 here:

The capital bill (H.482) passed on Thursday with the
Lamoille courthouse funded at $5M. The court's case management system will get
$500K next year and $4M the year after. This is down from $750K next year and
$5M the year after.

Real estate practitioners should be interested in what the
legislature did to raise funds to clean up Lake Champlain. H. 35, a bill to
improve the quality of state waters contains a .02% surcharge on the property transfer
tax. Here is the language of the bill:

So the date the governor signs the bill is the date to watch
for. As soon as I know that I will let you all know.

I can report that three bills we were interested in this year
have all been signed into law. They are the Uniform Transfer to Minors Act; the
revised Uniform Limited Liability Company Act; and the Uniform Interstate
Family Support Act.

So, for now, this wraps up my legislative reporting. I want to
thank all of you for your help during this session. Tom Moody and Peter Erly
led the effort to get the LLC bill through the process deftly and quickly. Penny
Benelli helped the UIFSA to pass. Stephanie Willbanks and Joe Cook’ s efforts
guaranteed passage of the UTMA. Without their help and willingness to volunteer
their time, none of this would have happened. It’s a real testament to the
members of the VBA and their service to our profession and to all Vermonters. You
all make me proud to work for you.

As always, thanks for reading. Enjoy summer. The legislature
will be back before we know it!